2419.15 - Consumer Law
The students must have academic training on bachelor level with sufficient legal component or equivalent courses, e.g. Basic Course in Faroese Law or similar.
To provide insight into Faroese consumer law in a wide sense; this includes insight into the marketing act and other statutes that relate to retailers and consumers, such as sales of goods act and provisions on safety, liability and procedural remedies. The scope shall include at aspects of private law (between consumer and provider), public law (powers and obligations of protective authorities), procedural law (process of consumer protection agencies, complaints tribunals, and courts of law), as well as an understanding of both the state of law in neighbouring countries and expected future developments.
Consumer law is new both as legislation and academic study in the Faroe Islands. The course is based on recent legislation and various older provisions that provide some protection of consumers, adding case law of the consumer ombudsman and other agencies and other countries. Emphasis shall be on questions such as - who is a consumer? - where is consumer and marketing law in a broad sense to be found? - how are these laws construed and applied? - what overlapping disciplines (such as tenancy law) are relevant to consumer law? - which developments are expected in cooperation with other nations (such as the EU)? - Which developments in other countries may be of influence? How dynamic and developing is Faroese law in this field, which doctrines and practices are about to rise and evolve? The course material shall be both foreign and Faroese.
Learning and teaching approaches
40 hours, of which 30 are tightly scheduled and 10 others are field trips and special training sessions. The teaching shall consist of presentation by both teachers and guest lecturers as well as student presentation
The students shall be able to: - Explain the consumer complaint system’s structure and function - Account for consumer rights in civil legislation - Explain the interaction between public and civil law aspects of consumer protection - Identify relevant consumer legal problems and legal arguments from a complex material -Explain the relevant methods of interpretation and the challenges of interpretation, including the importance of dynamic practise and various kinds of customary law. - Analyze complex problems in consumer law - Combine different academic approaches in the analysis and make an academically reasoned choice for solution - Explain the importance of the constitutionally associated position of the Faroe Islands in this context, what impact Danish and international institutions have on Faroese consumer law -Present and formulate knowledge and arguments correctly and succinctly in eloquent and correct language.
External examiners (with teacher) Written submission counts 1/3 of grade, oral exam 2/3. At the oral exam the student has half an hour to prepare and is allowed to have the course material at hand. The exam question shall related to e particular subject included in the course material.
Textbook: Sonny Kristoffersen, Forbrugerretten 1. Markedsføringsretten i en civil- og offentligretlig kontekst, 6. ed., 2017. In addition there will be materials consisting of scholarly articles, court decisions and decisions from the consumer ombudsmand etc. available on the Moodle network.
Andrass Holm Arge